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His lawyer, David Jones, QC, argued in court that he could not have known the return was false as he hadn't read the five pages of donations.

Banks was committed to trial following an oral evidence hearing in Auckland District Court yesterday.

Judge Phil Gittos said sufficient evidence had been presented to commit the defendant to trial.

Banks told reporters outside the Auckland District Court after the decision was announced that he wouldn't step down, but a short time later announced he would resign his ministerial portfolios pending the outcome of the case.

A trial date would be set at his next appearance in court on December 17, and is likely to be set down for mid-2014.

Mr Banks' ministerial portfolios have been handed to ministers Steven Joyce and Bill English, Prime Minister John Key announced this afternoon.

Mr Banks' small business portfolio has been given to Mr Joyce, and the regulatory reform portfolio will be taken up by Mr English.